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The police have certain powers in law that allows them to grant bail in different situation. Most of the police powers are derived from the Police And Criminal Evidence Act 1984. In more recent times, there have been certain reforms to their powers under the Police, Crime, Sentencing and Courts Act 2022.
The 2022 reforms removed the legal presumption against bail. As a result, pre charge bail is now the preferred option as opposed to being 'released under investigation', where investigations can last for years, delaying justice for everyone involved. Speak to one of our pre charge experts today, to avoid formal criminal charges and escalation to Court.
When you are arrested, the police are likely to interview you under caution. After the interview, they have three options. They can either:-
If you have been arrested by the police, and interviewed under caution at the police station, then the police may have evidence of your suspected involvement in a criminal offence.
Following an interview under caution, if you have been released without any restrictions or conditions, but you are still being investigated for a crime, then it is likely that you have been 'released under investigation'. The police use the tool of 'released under investigation' to allow themselves more time to gather evidence, request digital data or await forensic expert reports before the investigation ends. This is more common in complex investigations where evidence may not be immediately available.
If you have had electronic devices seized into evidence, it is likely that such devices would require further investigation after the initial interview. In ordinary circumstances, the police would either grant you conditional bail, or you would be 'released under investigation', whilst they continue to investigate, by scrutinising relevant material and pursing reasonable lines of enquiry.
Being released under investigation can be extremely distressing as the investigators have unlimited time to gather their case against you. Whilst the police enquiries are ongoing, they will only contact you if they require a further interview. Otherwise, the only time you may hear from them is when you are being charged with a criminal offence.
If you are released under investigation from police custody, our criminal defence solicitors can assist you in serving pre charge representations. At Lex Vindico Group, our written representations are targeted to reduce the significant risk of criminal charges and further action altogether. Such representations can be used to expedite matters to reduce the 'limbo' period, to help you regain control of your life and future.
Whilst the conditions for bail can vary, there are two scenarios in which a suspect or defendant can be granted bail.
Conditions for bail, are designed to achieve a particular purpose. They can either:
In more serious cases, conditions may serve to target each of these combined. In sensitive cases, i.e. cases involving sexual offences, sexual assaults or domestic violence, any conditions stipulated may be to protect alleged victims and prosecution witnesses. Any breach of such conditions may lead to separate charges for witness intimidation or even perverting the course of justice. This is why it is so important to comply with bail conditions.
Examples of bail conditions may include:-
If you have been granted conditional bail, for one or more offences, and the conditions are restricting your life or employment, our criminal defence solicitors can help you vary conditions. We would assess the necessity of the conditions imposed against the realistic risk posed, and request for less restrictive conditions. In some cases, we can ask the police to withdraw bail altogether. In appropriate cases, we can have the case listed at Court to release suspects of the strict bail conditions imposed by the police. Lex Vindico Group can help you protect your rights.
Being released under investigation can be an extremely distressing time. The uncertainty of time limits can add to the emotional turmoil, causing further anxiety and stress, whilst being investigated by the police. Since being released under investigation has no set time limits, the investigation can last weeks, months, or in some cases, even years. This leave individuals in a state of 'limbo' and uncertainty for lengthy periods, whilst every part of their life is scrutinised.
Whilst being released under investigation can allow you the freedom to work, to travel and to live your life as normal, the stress of the unknown can be harrowing and disrupt lives. The distress caused by not knowing if and when criminal charges may be formalised can significantly impact mental health, physical health, relationships and the family home altogether.
At Lex Vindico Group, our criminal defence solicitors can restore peace into your life by proving you with pre charge representations. During the pre charge bail period, or, whilst you are released under investigation by the police, we work with individuals to front-load their defence. We put together written representations for the Crown Prosecution Service to consider before formal criminal charges are considered. Our intention is to influence any decision to charge, and to persuade against formal charges.
By being proactive with your defence, it can also reduce the indefinite period of investigation. In some cases, where we find there is sufficient grounds through insufficient evidence, we can request an Early Charging Advice to be sought. We would request this tactfully after we fully prepare our written representations into any alleged criminal offence. These representations consider your answers to all the prosecution evidence, often being supported by expert evidence. This reduces the significant risk of formal charges through postal requisition, which would ultimately invite you to answer charges at the Magistrates Court.
Bail conditions should be adhered to whilst they are in force. If an individual is struggling to adhere to the conditions because they are far too restrictive and unworkable, then legal advice should be sought immediately.
Breaching bail conditions can lead to arrest warrants, harsher bail conditions or even potential remand in custody. Whether it is police imposed pre charge bail, or if it is bail that is imposed by the courts, the law permits lawyers to request for bail conditions to be varied or even withdrawn, by the Court. Any changes in bail conditions often require justification. Though the custody officer may originally impose strict bail conditions, our lawyers would ensure that any conditions are proportionate and necessary with any genuine risks posed. If the police are unwilling to adjust the bail conditions to help suite reasonable requests, then we would request court intervention.
For those 'released under investigation', the general rule is that there are no time limits for an investigation to conclude by. With that said, in summary only offences (minor offences such as speeding), a prosecution must be brought by the CPS within 6 months of the offence date. However, with either-way offences and indictable offences, investigation can be ongoing for many months, and even years, as there are no time limits for an investigation.
If there are issues with potential witnesses, or issues with having mobile phones or other devices examined, then investigations can last for years. In more recent times, the Attorney General and Director of Public Prosecution have provided advice relating to investigators. They have been instructed to liaise with defence advocates to discuss evidence and to ensure weak cases are filtered out of the Court systems, early on.
We use pre charge representations to ensure cases are dismissed within the early stages. This liaison between the CPS and defence can help ease the overburdened criminal legal system, as well as remove unnecessary stress from the lives of individuals under investigation.
If you are released under investigation, the only time you will have to attend court is if the court sends you a postal requisition, or if you receive formal criminal charges at the police station. Being under investigation simply means that the police officer's enquiries are ongoing, and a conclusion as to determination of evidence is yet to happen. The Full Code Test is applied in determine whether there is sufficient evidence available for a realistic prospect of conviction, and whether prosecution is within the public interest.
At the conclusion of an investigation, the Crown Prosecution Service would determine whether they wish to progress your case to court. If you are charged with criminal offences, you will receive a letter in the post inviting you to court to answer charges. This is known as a postal requisition. Alternatively, the officer in the case (usually the arresting officer) can inform you of the criminal charges at the police station.
If you are on conditional bail, but breach your bail conditions, it is likely that you will be arrested. Whilst breaching pre charge bail may not lead to you being charged with separate bail offences, it can certainly attract more stringent conditions to be applied against you in the future. You may then be re-bailed after, but with much harsher conditions.
During pre charge bail, the police can vary your bail conditions. If your lawyers can provide strong grounds for a variation, the police may be willing to allow certain changes and restrictions to be lifted, especially if you have been adhering to the stipulated conditions prior, without any issues.
Pre charge bail is granted by the officer in the case for a period of 3 months after you are released from police custody. Thereafter, if the investigation is ongoing and the conditions set by the police originally are required to continue the smooth flow of the investigation, then an extension of up to 9 months can be sought, in 3 month intervals, with court intervention. Following this period, the court will only extend bail in certain cases, so the police are left to decide whether they should seek charging advice at that stage, or, to release you under investigation. Of course, our goal at Lex Vindico Group would be towards attaining 'no further action'. Our lawyers are experts in pre charge.
Pre charge bail (s37.2 PACE) is granted at the police station, typically by the officer in the case at the first instance. Extensions of pre charge bail can be granted by a superintendent or an inspector thereafter. If pre charge bail is sought to be extended after 9 months, it must be justified through court. Bail can be granted in situations where an individual has been arrested, but not yet charged.
Post charge bail (s38 PACE) may be granted by the police after you are charged, to ensure that you attend court on a certain date. After the first date of your court attendance, the police bail will conclude. If the Court feels that conditions must be applied to restrict you, for justifiable reasons, then the Court can grant you conditional bail (often on the same conditions). In some cases, Courts can even grant unconditional bail. Whilst the court case lasts, you must abide by any conditions set by the Court. Breaching the Court's bail conditions can have a severe impact on your case. Additionally, breaching bail condition may constitute you being charged with separate bail offences, for which you can receive a separate custodial sentence.
Early legal intervention can shape your case, and your future. Not only does proactive legal intervention help influence the outcome of the prosecution reviewing lawyer's decision of charge, it can also help pre charge lawyers assess the necessity and proportionality of any imposed conditions through the bail period. Proactive lawyers will combat your case from every angle, whether its the police station interview, bail conditions or court representation. Our duty and our goal is to protect our client's interests and to maximise chances of avoiding any form of escalation, to charges and Court.
Leaving yourself unrepresented, or having the wrong legal team can be detrimental to your case, and to your mental health. Our expert pre charge solicitors do not wait for problems to escalate. We anticipate what problems may arise, and aim to resolve them before they amplify.
Lex Vindico Group specialises in criminal defence. We assist individuals who are under investigation for criminal offences. Whether our client's are on pre charge bail, or are released from custody under investigation, we offer expert legal advice and guidance for police investigations, bail conditions and even, court proceedings.
As we specialise in pre charge representation, we work with our clients to ensure that their voice is heard early on. Whilst a duty solicitor, or a legal aid lawyer, may claim that there isn't anything to do after an interview under caution, our lawyers refuse to simply 'wait around' whilst the CPS put their case together against you. We are proactive. We would assess any bail conditions and make relevant representations on your behalf. We would also use the time effectively to work with you to compile and submit written representations to target a dismissal, before formal charges are brought by the CPS. We do not wait for the case against you to grow big and strong, we attack it early on, at its' weakest. This puts our client's at ease, and in the best position to avoid criminal charges and court proceedings. Pre charge representations are available to anyone on police bail, pre charge bail, and even those who are released under investigation, up until the CPS make a decision upon charge.
If the CPS find that there is not enough evidence to justify charges, they can either return the case file to the police, to further inquiries to be pursued, or they could take 'no further action'. This closes the case.
To be released under investigation means that the police have allowed you to continue with your life, without any restrictions, whilst they complete all outstanding enquiries in the investigation. Therefore, when 'released under investigation', you can travel without limitation. There are no restrictions that the police have placed upon your liberty. However, it is good practice to always keep your lawyer's informed of your travels.
Yes. If the bail conditions are too restrictive, or in anyway unfair or disproportionate, then a request can be made to alter the conditions set. At first instance, to the officer in the case, and if that does not work, then your lawyers can have your matter listed before the Courts. The Courts will then determine conditions based upon necessity and proportionality.
If it is alleged that you have been involved in a crime, and there is evidence of your involvement in the crime on your personal property, i.e. your mobile phone, your laptop, your computer, your books etc, then it is likely that any such property will be seized into evidence, and only returned at the conclusion of the investigation, only IF the property is not contaminated with evidence of crime. If evidence of a crime or criminal activity is found on any property seized, for example, (indecent images of a child found on a mobile phone) then the Courts would ordinarily grant forfeiture and destroy that property at the conclusion of the case. In some cases, lawyers can request the return of property that may be used for work purposes. Call us today to discuss whether we can have your property returned to you.
Lex Vindico Group's criminal defence solicitors have years of expertise within the pre-charge realm. We refuse to wait for charges to be brought against our clients. We use the time wisely to actively prepare a set of written representations to be considered by the CPS. Our goal is to avoid criminal charges and to avoid our client's from having to defend themselves at Court. This proactive approach has helped save many individuals professional careers, reputations, and futures. Our lawyers can make all the difference.
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